Loading...
HomeMy WebLinkAboutRES 4339CITY OF RENTON, WASHINGTON RESOLUTION NO. 4339 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT WITH THE CITIES OF AUBURN, KENT, AND TUKWILA FOR THE PURPOSE OF PLANNING, FUNDING, AND IMPLEMENTING A JOINT FUNDING PROGRAM ENTITLED THE "VALLEY CITIES ASSOCIATION," FOR THE YMCA OF GREATER SEATTLE ALIVE & FREE PROGRAM. WHEREAS, the City and the Cities of Auburn, Kent, and Tukwila (collectively the "Cities") are authorized, pursuant to RCW Chapter 39.34, the Interlocal Cooperation Act, to enter into an interlocal government cooperative agreement; and WHEREAS, the Cities desire to enter into an interlocal agreement entitled "Memorandum of Understanding Between the Cities of Auburn, Kent, Renton, and Tukwila for Planning, Funding, and Implementation of a Joint Funding Program" ("MOU"), in order to formalize a cooperative arrangement between the Cities, known as the "Valley Cities Association;" and WHEREAS, the purpose of this arrangement is to address shared community issues, including, but not limited to gang prevention and intervention, through the YMCA of Greater Seattle Alive & Free program; and WHEREAS, the YMCA of Greater Seattle Alive & Free program is designed reduce gang violence and advocate on behalf of young people directly involved in and impacted by gang violence; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: 1 RESOLUTION NO. 4339 SECTION I. The Mayor and City Clerk are hereby authorized to enter into the MOU, attached hereto as Exhibit A and incorporated by this reference. PASSED BY THE CITY COUNCIL this 9th day of April, 2018. APPROVED BY THE MAYOR this 9th day of April, 2018. Approved as to form: -0�� ::Z� Shane Moloney, City Attorney RES.1764:3/21/18:scr -21.4.1, A.4Z- Denis Law, Mayor t,�r4Hu+n t u Nr *' SEAL = *" �"",,,0RATED Se9 �,1`"' 2 RESOLUTION NO. 4339 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITIES OF AUBURN, KENT, RENTON, AND TUKWILA FOR PLANNING, FUNDING, AND IMPLEMENTATION OF A JOINT FUNDING PROGRAM 3 RESOLUTION NO. 4339 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITIES OF AUBURN, KENT, RENTON, AND TUKWILA FOR PLANNING, FUNDING, AND IMPLEMENTATION OF A JOINT FUNDING PROGRAM THIS MEMORANDUM OF UNDERSTANDING ("MOU") is entered into pursuant to Chapter 39.34 RCW by the Cities of Auburn, Kent, Renton, and Tukwila, Washington hereinafter referred to as "Cities", to provide for planning, funding, and implementation of a joint funding program. WHEREAS, the Cities engage in activities which support service providers in King County; and WHEREAS, the parties wish to make the most efficient use of their resources by cooperating to provide funding to support service providers in south King County; and WHEREAS, through the Interlocal Cooperation Act, the parties have the authority to engage in cooperative efforts which result in more efficient use of Government resources. NOW THEREFORE, and in consideration of the terms, conditions and performances made herein, it is agreed as follows; 1. Purpose of MOU. The purpose of the MOU is to formalize a cooperative arrangement between the Cities for the purpose of addressing shared community issues, including, but not limited to gang prevention and intervention. 2. Joint Participation. a. Lead City. One of the party Cities will serve as Lead City and will be designated by the Cities for contracting, with the Lead City shown in Exhibit A, a copy of which is attached hereto and incorporated herein by this reference. to act as the fiscal and administrative agent for the Cities. The responsibilities of the Lead City are described in Section 4. b. Participating City. A Participating City is a city participating in the cooperative funding, who is not the Lead City Participating Cities are identified in Exhibit A. A Participating City shall review quarterly reports from the contracted agencies that provide services related to the shared community issues, such as gang prevention and intervention. If a Participating City becomes concerned with the agency's services, it will promptly notify the Lead City If a Participating City determines that the agency is not performing satisfactorily for their city, the Participating City reserves the right to request the Lead City to withhold payments to the agency for their share of Joint Funding MOU funding. In the event that a claim or lawsuit is initiated by the agency against any City for withholding payment, the City requesting the withholding of payment shall be responsible for settling or defending the claim or lawsuit. In addition, in the event of any settlement of or judgment on the claim or lawsuit, the City requesting that payment be withheld shall be fully responsible for the payment of such Joint Funding MOU RESOLUTION NO.4339 Page 2 of 8 settlement or judgment and shall indemnify, defend, and hold harmless the other Cities for such settlement or judgment. 3. Funding, Arrangement. a. Allocation. Each Participating City shall provide to the Lead City no later than March 3lst of each year, the City's annual funding allocation for the agency, as described in Exhibit A. No administrative costs shall be imposed by the Lead City to the participating Cities. Exhibit A will be updated each year to show the contracted agency(ies), Lead City, participating Cities, and funding amounts for that calendar year. b. Return of Unspent Funds. Any monies that the agency(ies) does not spend during the calendar year shall be proportionately returned to each Participating City. On or before March 311 of the next calendar year the Lead City will provide the unspent funds to each participating City. 4. Responsibilities of Lead fity. A Lead City has been designated to act as the fiscal and administrative agent on behalf of the Cities, as shown in Exhibit A. The responsibilities of the Lead City shall include the following: a. Send an invoice to each Participating City by January 30th of each year for their annual approved allocation to the agency. b. Contract with the agency each year, for the total funding allocated by the Participating Cities, detailing performance measures to be performed by the agency for each City. c. Receive, review, and process the quarterly invoices and reports from the agency. Quarterly reports shall describe services provided specifically to each City. Disputes regarding billings will be resolved among the Participating Cities. d. Provide copies of quarterly reports to the Participating Cities, if the reports are not provided directly by the agency. e. Provide the agency with a funding application and technical assistance as required. f. Perform an annual monitoring visit of the agency, to include the participation of another Participating City. g. Maintain accounts and records which properly reflect transactions related to this MOU. S. Duration. This MOLT shall become effective when it is executed by a majority of the Cities and shall automatically renew annually for one-year terms, unless terminated as described in section 6. 6. Termination. Any party may terminate its participation in the MOU without cause after giving the other Cities a thirty day written notice. Termination shall be effective at the end of the 30 days. The terminating party shall remain fully responsible for meeting its funding responsibilities and Joint Funding MOU RESOLUTION NO. 4339 Page 3 of 8 other obligations established by this MOU through the end of the calendar year in which such notice is given. 7. Notices. Notices to the Cities shall be sent to the following persons: city Contact Auburn DIrAM Oilman t� ���u►� �tiLV Kent Renton Tukwila 8. Indemnification. It is the intent of the participating cities to provide services without the threat of being subject to liability to one another and to fully cooperate in the defense of any claims or lawsuits arising out of or connected with this agreement that are brought against the cities. To this end, the participating cities agree to equally share responsibility and liability for the acts or omissions of their participating personnel when acting in furtherance of this Agreement. In the event that an action is brought against any of the participating cities, each city shall be responsible for an equal share of any award for or settlement of claims of damages, fines, fees, or costs, regardless of which city or employee the action is taken against or which city or employee is ultimately responsible for the conduct. The cities shall share equally regardless of the number of cities named in the lawsuit or claim or the number of employees from each city named in the lawsuit or claim. This section shall be subject to the conditions and limitations set forth in subsections A through E below. a. Intentionally Wrongful Conduct Beyond the Scope of Employment. Nothing herein. shall require, or be interpreted to require indemnification or sharing in the payment of any judgment against any city employee for intentionally wrongful conduct that is outside of the scope of employment of any individual or for any judgment of punitive damages against any individual or city. Payment of any award for punitive damages shall be the sole responsibility of the person or city that employs the person against whom such award is rendered. b. Collective Representation and Defense. The cities may retain joint legal counsel to collectively represent and defend the cities in any legal action. Those cities retaining joint counsel shall share equally the costs of such representation or defense. In the event a city RESOLUTION NO. 4339 Joint Funding MOU Page 4 of 8 does not agree to joint representation, the city shall be solely responsible for all attorneys' fees accrued by its individual representation or defense. The cities and their respective defense counsel shall make a good faith attempt to cooperate with other participating cities by, including but not limited to, providing all documentation requested, and making their employees available for depositions, discovery, settlement conferences, strategy meetings, and trial. c. Removal from Lawsuit. In the event a city or employee is successful in withdrawing or removing the city or employee from a lawsuit by summary judgment, qualified immunity, or otherwise, the city shall nonetheless be required to pay its equal share of any award for or settlement of the lawsuit. d. Settlement Process. It is the intent of this Agreement that the cities act in good faith on behalfof each other in conducting settlement negotiations on liability claims or lawsuits so that, whenever possible, all parties agree with the settlement or, in the alternative, agree to proceed to trial. In the event a claim or lawsuit requires the sharing of liability, no individual city shall be authorized to enter into a settlement agreement with a claimant or plaintiff unless all cities agree with the terms of the settlement. Any settlement made by an individual city without the agreement of the remaining cities, when required, shall not relieve the settling city from paying an equal share of any final settlement or award. e. Insurance. The failure of any insurance carrier or self -insured pooling organization to agree to or follow the terms of this section shall not relieve any individual city from its obligations under this Agreement. Each City hereby waives its immunity under Title 51 of the Revised Code of Washington, solely for the purposes of this indemnification, for claims of any type brought by any City agent or employee against the other Cities. This waiver is specifically negotiated by the parties and a portion of the City's payment hereunder is expressly made the consideration for this waiver. 9. Insurance. Each City shall procure and maintain in full force throughout the duration of the Agreement comprehensive general liability insurance with a minimum coverage of $1,000,000 00 per occurrence/aggregate for personal injury and property damage. In the event that a City is a member of a pool of self -insured cities, the City shall provide proof of such membership in lieu of the insurance requirement above. Such self insurance shall provide coverage equal to or greater that required of non -self insurance pool member Cities. 10.Oversight Committee. This Agreement shall be managed by an Oversight Committee made up of one representative of each City. The representative of each City shall be designated in section 7 of this Agreement. The Oversight Committee shall meet at least annually to discuss the terms of the Agreement and manage the services provided pursuant to the Agreement. 11. Applicable Law; Venue: Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand RESOLUTION NO. 4339 Joint Funding MOU Page 5 of 8 and agree that venue shall be exclusively in King County Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. 12. Signed Counterparts. This Agreement may be executed by counterparts and be valid as if each authorized representative had signed the original document. IN WITNESS WHEREOF, the undersigned have entered into this MOU as of this day of 20_. Joint Funding MOU RESOLUTION NO. 4339 Page 6 of 8 CITY OF AUBURN By: Reim &&w Title: Approved s Fo, Maw. Date: City-Attomey Attest; cm A - CITY OF KENI� By: - Title: Approved As To Form: -- -- ------ Date: City Attomey Attest: CITY OF RENTON By. Title: Approved As To Form: Date: Attest: City Attorney Joint Funding MOU RESOLUTION NO. 4339 Page 8 of 8 EXHIBIT A to Memorandum of Understanding (MOU) between the Valley Cities Association for planning, funding, and implementation of joint funding program. CALENDAR YEAR 2018 Name of Agency Participating Cities & Tentative Funding MCA of Greater Seattle - Auburn - Lead City - $60,000 Alive & Free Program Kent - $30,000 Renton - $60,000 Tukwila - $30,000 TOTAL - $180,000